Recreational Permit Law Upheld In Federal Court
Missoula (Char-Koosta): The Tribe's authority to enforce the recreational permit law was upheld last week by a U.S. District Court Judge in Missoula.
In an II page decision, Judge W.J. Jameson denied a motion to dismiss federal trespass charges against Flathead Lake non member Harlan F. Pollman and bound him over to U.S. District Court for trial. The action, which was seen as a test of the tribe's authority to issue and enforce recreational use permits on tribally owned lands and waters, means that non members must now buy permits or face federal prosecution which carries fines of up to $200 or a jail sentence of not more than 90 days, or both.
At issue in the nearly ten month legal battle was Tribal Ordinance 44A revised. The ordinance was adopted February 14, 1969 to place tribal control over non-member use of,
tribal recreational lands. The measure requires non-membecs to purchase a Recreational Use Permit to fish, hunt, camp and hike on tribal property. Enforcement of the ordinance is based on Title 18 of the United States Code, Section 1165 which makes it a crime for a non-Tribal member: "without lawful authority or permission wilfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, held by the United States in trust... for the purpose of hunting, trapping or fishing."
(cont. on page 3)
Volume 2 - Number 23
CHAR-KOOSTA
Salish, Kootenai, Pend 'd Orielles Tribes
NEW MOON OF COURTSHIP (April 1,1973) Prjce 15cents.
No More State Income Taxes For Indians
Washington: Indians that live on reservations and earn their income there may not be taxed by states ... so said the U.S. Supreme Court Tuesday in a unanimous decision.
The nation's highest court, however, ruled six to three in a separate decision that states can tax the gross reciepts of Indian owned businesses which are located on leased government lands.
The income tax case was taken to the Supreme Court by a Navajo Indian woman living in Arizona. Rosalind McClan-ahan asked to hav e $16.20 in state taxes withheld from her in 1967 returned. The U.S. Supreme Court restored the money, overruling an earlier decision by the Arizona Supreme Court which found that states had not been barred from taxing income of Indians living on reservations.
The McLanahan case was similar to the plight of Flathead tribal members Eugene and Clara Howlett. The State of Montana had placed liens against property belonging to the Howletts in lieu of taxes assessed while Howlett was employed by the tribe. Last year, the state and the tribe agreed to
await a U.S. Supreme Court decision on the McClanahan case before taking the Howlett case to court. The high court' ruling is expected to be honored by state tax officials. The Supreme Court's unan-
imous opinion was written by Justice Thurgood Marshall. The ruling noted, among other things, that state taxation of reservation Indians would violate the principal of "tribal self determination."
Marshall said "It must always be remembered that the various Indian tribes were once independent and sovereign nations and that their claim to sovereignty long predates that of our own government."
Kootenais Want Their Share
Elmo (Kootenai Communications):
The Kootena i Community feels it is getting the raw end of tribal politics and programs and they want out. This was the attitude of some 70 Kootenais attending a meeting at Koostah-tah Hall Monday night.
The meeting was called to hear Fred Whitworth's 10-90 tribal revenue proposal but it turned into a show of Kootenai community cohesion when the issue of a separate Kootenai reservation was brought up.
Margaret Mathias Friedlan-der, of the Kootenai Drum and Feathers Club, damanded a series of amendments to the tribal constitution including five Kootenai Councilmen out of
a ten member council and the elimination from the tribal rolls of members with less than one quarter Indian blood.
Mrs. Friedlander said that if these demands are not met, the Kootenais will file suit in Federal court for equal division of all lands, properties and assets now belonging to the Confederated Salish and Kootenai tribes. She said that this would mean the northern portion of the reservation would become the Kootenai Reservation under a separate government.
Mrs. Friedlander said the University of Monana has promised legal assistance in devising both the suit and establishment of a Kootenai Tribal Government. University of Montana
Law Professor Jack McDermott has said he would provide law
students to work out the details of Kootenai self-government.
The Kootenai community, whcih was well represented at the meeting, asked Tribal Secretary Fred Houle Jr., to set the fssue on the tribal quarterly meeting agenda April 6 in Dixon.
Houle commented on criticism by the Kootenai community that tribal credit discriminates against Kootenais. He said there would be a position open on the Credit Committe in June and advised the Elmo community to choose a candidate for the Credit Committee spot.